Calif. Court Quashes AccentCare's Arbitration Mandate

Law360, New York (January 3, 2012, 10:10 PM EST) -- A California appeals court on Tuesday said a provision in an employment application for home health care company AccentCare Inc. requiring employment disputes to be resolved through binding arbitration is unenforceable because the requirement itself is unconscionable.

A three-judge panel of the California Court of Appeal, Third Appellate District, upheld a ruling that the provision was unconscionable because its language implied that there was no opportunity for prospective employees to negotiate because the arbitration rules weren't spelled out and that employees didn't understand that they were...
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